Original Date AnnouncedJune 21, 2018
CBP states that it has begun taking steps to implement EO 13841: Affording Congress the Opportunity To Address Family Separation, by suspending widespread use of family separation. [ID #333]CBP Statement on Implementing the President's Executive Order Affording Congress the Opportunity to Address Family Separation
Effective DateJune 21, 2018
Subsequent Trump-Era and Court Action(s)
October 12, 2018
Trump administration weighs new family-separation effort at border
The Washington Post reports the Administration is considering a new policy of family separation, granting families a choice between detention of the whole family unit or separation whereby children are released while parents are kept in detention.Go to article on washingtonpost.com
Biden Administration Action: ModifiedMay 28, 2021
2021.05.28 Reported from The Hill: "DHS formally bans family separations for illicit border crossings"
Reported: This Biden administration policy modifies the Trump-era policy identified in this entry.
The Hill reports that on May 28, 2021, CBP Acting Commissioner Troy Miller issued a memo to the heads of Border Patrol and the Office of Field Operations formally banning the separation of children from their parents or guardians due to illegal entry convictions and prohibiting their referral for prosecution solely on the grounds of illegal entry. The memo added a national security exception, allowing parents to be referred for prosecution for illegal entry "with the approval of higher ranking officials and local counsel," according to The Hill. Miller's new guidance is meant to clarify the 2018 court order mandating reunification of separated families in Ms. L. v. ICE (S.D. Cal. 3:18-cv-00428).View Document